Building off that argument, another Texas Republican wrote to the state Attorney General in October that Texas never repealed its ban on gay marriage, and is asking the AG whether this allows private citizens not to recognize same-sex marriages. After seeing this letter from the Texas state rep., one of the lawyers who helped win the Obergefell case said he now believed that same-sex couples should indeed be worried about their marriages.
And Mitchell himself wrote in a brief to the Supreme Court that both marriage equality and sex with a same-sex partner (Lawrence v. Texas, 2003) are court-invented rights that are “just as lawless as Roe” and invited the court to overturn them all. So there’s that!
